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Sidwell v. Horseshoe Entertainment Limited Partnership2/27/2002
Diana Sidwell ("Sidwell") appeals the grant of summary judgment by the Workers' Compensation Judge ("WCJ") in favor of Horseshoe Entertainment Limited Partnership, d/b/a Horseshoe Casino-Hotel ("Horseshoe"), which dismissed Sidwell's claim of a disability caused by alleged mental injuries only. For the following reasons, we affirm.
Facts
Sidwell, an employee of Horseshoe, claimed that she was sexually harassed when she was subjected to repeated sexual comments and a co-worker showing her a nude picture of himself. According to Sidwell's workers' compensation claim, she was caused a mental injury by these events which rendered her disabled. Sidwell further claims that Horseshoe had knowledge of the situation but failed to remedy the alleged problems despite her repeated complaints.
Horseshoe moved for summary judgment on the basis that Sidwell could not meet the heavy burden imposed by La. R.S. 23:1021(7)(b) on Louisiana workers' compensation claimants who seek recovery due to an alleged "mental/mental" injury . The WCJ granted Horseshoe's motion for summary judgment dismissing Sidwell's claim, noting specifically the expert report of Dr. George Seiden ("Dr. Seiden"), which had been submitted by Sidwell in opposition to Horseshoe's motion for summary judgment. This appeal by Sidwell ensued.
Discussion
The summary judgment procedure is designed to secure the just, speedy, and inexpensive determination of every action, except those disallowed by law; the procedure is favored and must be construed to accomplish these ends. La. C.C.P. art. 966(A)(2); Yarbrough v. Federal Land Bank of Jackson, 31,815 (La. App. 2d Cir. 03/31/99), 731 So. 2d 482. The motion should be granted only if the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, show that there is no genuine issue of material fact and that the mover is entitled to judgment as a matter of law. La. C.C.P. art. 966(B); Leckie v. Auger Timber Co., 30,103 (La. App. 2d Cir. 01/21/98), 707 So. 2d 459. The burden of proof remains with the mover.
However, if the party moving for summary judgment will not bear the burden of proof at trial on the matter that is before the court on the motion for summary judgment, then that party need not negate all essential elements of the adverse party's claim, action, or defense but may simply point out to the court that there is an absence of factual support for one or more elements essential to the adverse party's claim, action, or defense; thereafter, if the adverse party fails to produce factual support sufficient to establish that it will be able to satisfy the evidentiary burden of proof at trial, there is no genuine issue of material fact. See, La. C.C.P. art. 966(C)(2). When a motion is made and supported, as required by La. C.C.P. art. 966, an adverse party may not rest on the mere allegations or denials of his pleadings, but his response must set forth specific facts showing a genuine issue for trial. Otherwise, summary judgment, if appropriate, shall be rendered against him. La. C.C.P. art. 967.
Appellate courts review summary judgments de novo under the same criteria that govern a district court's consideration of whether summary judgment is appropriate. Kennedy v. Holder, 33,346 (La. App. 2d Cir. 05/10/00), 760 So. 2d 587.
Mental injuries caused by mental stress have become commonly known in Louisiana workers' compensation jurisprudence as "mental/mental" injuries and are addressed by La. R.S. 23:1021(7)(b), which states as follows:
Mental injury or illness resulting from work-related stress shall not be considered a personal injury by accident arising out
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